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(영문) 서울중앙지방법원 2017.06.29 2017고합521
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a foreigner of Chinese nationality, who is a Korean national of the Joseon-gu Seoul Metropolitan Government who worked as a captain in a restaurant in Yongsan-gu.

On April 11, 2016, the Defendant: (a) around 20:30 on April 11, 2016, and (b) around 14 years old-gu Seoul Special Metropolitan City E-Gu, the Victim F (M, 14 years old) that she was fleeped in the alleyway, and (c) she was flick back to the front of the victim, and the her chest was flicked one time by hand

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

1. Statement by the defendant in court;

1. Application of the F and G respective Acts and subordinate statutes;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the facts constituting an offense, and Article 7 of the same Act and Article 298 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from disclosure and notification orders (the crime of this case alone has a criminal tendency against many and unspecified persons to commit the crime of this case);

It is difficult to conclude that the effect of preventing recidivism can be expected to some extent only with the registration of personal information on the defendant and the completion of sexual assault treatment programs.

In light of other circumstances, such as the Defendant’s age, family environment, social relationship, etc., the disclosure and notification order has a big side effect on the Defendant’s disadvantage and anticipated side effects, while the effectiveness of the prevention of sexual crimes, etc. that may be achieved by the disclosure and notification order seems to be relatively low. However, there are special circumstances that may not disclose and notify the Defendant’s personal information.

The reason for sentencing

1. Scope of applicable sentences by law: Fines of 10,000,000 to 30,000,000; and

2. The sentencing criteria shall not apply as a fine has been selected; and

3...

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